TMI Blog2017 (11) TMI 1449X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Cenvat Credit Scheme with reference to such activity. Extended period of limitation - Held that: - The input services, on which credit was availed by the appellant, were consumed for trading activities and such credit could not have been availed or taken for discharging service tax on the services provided by the assessee - there is no scope for any interpretational misconceptional on this aspect - extended period rightly invoked. Appeal dismissed - decided against appellant. - Excise Appeal No.1462 of 2011 - A/57141/2017-EX[DB] - Dated:- 16-10-2017 - Mr. (Dr.) Satish Chandra, President And Mr. B. Ravichandran, Member (Technical) Sh. Bipin Garg, Advocate for the assessee Sh. R. K. Mishra, AR for the Revenue O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs of the Original Authority. He submitted that the appellants cannot take cenvat credit of input service when the same is not used in or in relation to the manufacture of excisable final products or taxable output service. From the provisions of CCR 2004, it is apparent and clear that trading is never considered either as a service or as an exempted service. The amendment carried out by Notification No.3/2011 dated 1.3.2011 is only by way of clarification. The appellants cannot avail and utilise any credit on input services, which are used for trading activities. The ld. AR also supported the demand for extended period stating that there is no question of any bonafide belief or interpretation with reference to credit eligibility on service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prior to 1.4.2011. We note that legal fiction given in the Explanation in order to remove doubts was introduced on 1.4.2011. Even if it is considered that trading is not an exempted service, it is also a fact that it cannot be considered as a service within the scope of Finance Act, 1994 during the material time. Even in such situation, the appellants cannot take credit on input services, which are utilised for trading activity. As trading is neither a service nor an exempted service during the material time, the appellants are not covered by the Cenvat Credit Scheme with reference to such activity. In such situation, their arguments that there is no application of Rule 6 for account maintenance is not tenable. As it is clear that Cenvat Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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